Predatory Driving Lawyers Sydney
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- Fight Licence Disqualification
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Expert Defence for Every Stage of a Predatory Driving Charge
Being charged with a predatory driving offence in NSW is an incredibly serious matter that can lead to imprisonment, a lengthy licence disqualification, and a permanent criminal record.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our specialist criminal defence lawyers are dedicated to achieving the best possible outcome, whether that’s having the charge withdrawn, downgraded, or persuading the court to grant a non-conviction order to protect your licence and future.
We provide specialist legal advice and representation for all matters related to this serious offence, including:
- Negotiating to Downgrade the Charge
- Avoiding a Criminal Record
- Defences to a Predatory Driving Charge
- Pleading Guilty & Seeking Leniency
- Avoiding a Licence Suspension & Disqualification
- Avoiding a Conviction
What is the Predatory Driving Offence in NSW?
Predatory driving is a serious criminal offence in NSW, defined under section 51A of the Crimes Act 1900 (NSW). It is treated far more severely than a standard traffic offence because it involves a specific and dangerous intention to cause physical harm to another person using a vehicle.
The offence occurs when the driver of a vehicle, while in the pursuit of or travelling near another vehicle, engages in a course of conduct that causes or threatens an impact. This includes causing a collision with another vehicle, person or object, or conduct that results in the other vehicle overturning or leaving the road.
Crucially, the prosecution must prove beyond a reasonable doubt that the driver’s actions were intentional. It is not enough for the driving to be aggressive or intimidating; the offender must have intended by that course of conduct to cause actual bodily harm to a person in the other vehicle. ‘Actual bodily harm’ refers to any injury that is more than merely transient, such as lasting bruises and scratches, or a serious psychological injury.
Penalties for a Predatory Driving Offence in NSW
Understanding the potential penalties for a predatory driving offence in NSW is critical. This is a serious criminal offence under the Crimes Act 1900 (NSW), not a simple traffic infringement. The consequences are severe and include significant terms of imprisonment, lengthy licence disqualification, heavy fines, and a criminal record that can impact your future employment and travel.
A predatory driving charge can be finalised in the Local Court, where the maximum penalty is 2 years imprisonment, or the District Court, which can impose a maximum penalty of up to 5 years. Our expert criminal defence lawyers are dedicated to helping you navigate the court process to minimise these penalties and protect your driving licence.
Penalties for a First Predatory Driving Offence
If this is your first major traffic offence within a five-year period, the court can impose the following penalties:
| Maximum Penalty | Automatic Licence Disqualification | Minimum Licence Disqualification |
|---|---|---|
| 5 years imprisonment and/or $11,000 fine | 3 years | 12 months |
Penalties for a Second or Subsequent Predatory Driving Offence
The penalties are far more severe for a second or subsequent major driving offence within five years:
| Maximum Penalty | Automatic Licence Disqualification | Minimum Licence Disqualification |
|---|---|---|
| 5 years imprisonment and/or $11,000 fine | 5 years | 2 years |
It Is Possible To Avoid A Conviction & Licence Disqualification
An expert criminal lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can prepare a thorough and persuasive case to argue for a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order. This allows the court to find you guilty but dismiss the driving charge without recording a criminal conviction, saving your licence and your record.
Pleading 'Not Guilty' to a Predatory Driving Charge
If you believe you are innocent, you have the right to plead not guilty and fight the driving charge in court. For a predatory driving offence, the prosecution carries the entire burden of proof. This means they must prove every single element of the offence beyond a reasonable doubt. If they fail to prove even one element, you will be found not guilty.
Our criminal defence lawyers will meticulously analyse the prosecution’s case, scrutinise all evidence, and identify any weaknesses. We build a robust defence strategy aimed at demonstrating that the police cannot meet this high standard of proof. A carefully prepared ‘not guilty’ plea, supported by expert legal advice, is the first step towards having the criminal charge dismissed and achieving the best possible outcome in court.
Pleading 'Guilty' to a Predatory Driving Charge
If you choose to plead guilty to a predatory driving charge, it is vital to have an expert traffic lawyer presenting your case to the court. An early plea can entitle you to a discount on your sentence, but without strategic legal advice, you still face a criminal conviction, a long licence disqualification, and even imprisonment.
The senior criminal defence lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers specialise in preparing powerful and persuasive submissions for leniency. We will gather evidence of your good character, prepare you for court, and argue for the best possible outcome. Our goal is to persuade the magistrate to deal with your matter by way of a non-conviction order, such as a Section 10 dismissal, which means you avoid a criminal record and licence disqualification.
What the Prosecution Must Prove for a Predatory Driving Offence
To secure a conviction for a predatory driving offence under section 51A of the Crimes Act 1900 (NSW), the prosecution must prove each of the following four elements beyond a reasonable doubt:
- You were the driver of a vehicle; and
- You were in pursuit of, or travelling near, another vehicle; and
- You engaged in a course of conduct that caused or threatened an impact involving the other vehicle; and
- You intended by that course of conduct to cause a person in the other vehicle actual bodily harm.
The element of intent is the most critical and often the most difficult for the prosecution to prove. It is not enough for your driving to be considered aggressive; the police must establish that your specific intention was to cause physical harm.
Potential Defences to a Predatory Driving Charge
A charge of predatory driving can be successfully defended. As your criminal defence lawyers, we will explore every available legal defence to challenge the prosecution case. The most crucial element to challenge is intent—we can argue that your conduct was accidental or that you never intended to cause actual bodily harm.
Other potential defences to this serious driving offence include:
- Duress:Â You were coerced or forced by threats to act in the way you did.
- Necessity:Â Your actions were necessary to prevent a more serious harm from occurring.
- Self-Defence:Â You were acting to defend yourself, another person, or your property from a perceived threat.
- Factual Dispute:Â Challenging the police version of events, for example, by proving you were not the driver of the vehicle or that your driving did not cause or threaten an impact.
Downgrading a Predatory Driving Charge
One of the most effective defence strategies our lawyers can pursue is negotiating with the prosecution to have the predatory driving charge downgraded to a less serious offence. Predatory driving is a major criminal offence under the Crimes Act 1900 (NSW), but with skilled negotiation, it can often be reduced to a charge like menacing driving under the Road Transport Act 2013 (NSW).
Successfully downgrading the charge can be the difference between avoiding a term of imprisonment and a criminal record. Our criminal lawyers have a strong track record of persuading the prosecution to withdraw or amend charges by highlighting weaknesses in their evidence, particularly the difficulty in proving the specific intent to cause actual bodily harm.
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When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
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A Winning Record
We have a history of successfully defending clients charged with predatory driving. We focus on getting charges dropped or downgraded, securing 'not guilty' verdicts, and protecting our clients from the severe penalties of a criminal conviction, including imprisonment.
EXPERT PREDATORY DRIVING LAWYERS
This is a serious criminal charge, not a simple traffic offence. Our senior lawyers have over 40 years of combined experience exclusively in criminal and traffic law, providing a critical advantage in challenging the element of intent required under the Crimes Act 1900 (NSW).
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A predatory driving charge has life-altering consequences. We offer a free, urgent Strategy Session to assess your case and outline your defence options. Our team is available 24/7 because immediate legal advice is vital when your liberty and licence are at stake.
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FAQs
What is predatory driving?
Predatory driving is a criminal offence under section 51A of the Crimes Act 1900 (NSW). It involves driving near or pursuing another vehicle with conduct that causes or threatens an impact, intending to cause actual bodily harm to a person in the other vehicle.
What must the prosecution prove to convict someone of predatory driving?
The prosecution must prove beyond reasonable doubt that you were the driver, pursued or travelled near another vehicle, engaged in conduct causing or threatening an impact, and intended to cause actual bodily harm to a person in the other vehicle.
What does ‘actual bodily harm’ mean in a predatory driving charge?
‘Actual bodily harm’ refers to injury that is more than transient or trifling, including bruises, scratches, or serious psychological injury.
What are the maximum penalties for predatory driving in NSW?
The maximum penalty is 5 years imprisonment. Licence disqualification periods include an automatic 3 years for a first offence and 5 years for subsequent offences, with minimum disqualification periods of 12 months and 2 years respectively.
Is predatory driving dealt with in the Local Court or District Court?
Predatory driving can be dealt with summarily in the Local Court or on indictment in the District Court, depending on the severity and circumstances of the case.
Can predatory driving charges be downgraded?
Yes. Skilled defence lawyers can negotiate with prosecutors to have predatory driving charges downgraded to lesser offences such as menacing driving under the Road Transport Act 2013 (NSW).
What defences are available for predatory driving charges?
Possible defences include lack of intent to cause harm, duress, necessity, self-defence, mistaken identity as the driver, or that the conduct did not cause or threaten an impact.
What happens if I plead not guilty to predatory driving?
You can contest the charge in court, where the prosecution must prove all elements beyond reasonable doubt. Your lawyer will challenge the evidence and argue your defence to seek dismissal or acquittal.
What are the benefits of pleading guilty early?
Early guilty pleas may attract a sentence discount, showing the court you accept responsibility, which can lead to more lenient penalties.
Can I avoid a criminal conviction for predatory driving?
Yes. Courts may grant non-conviction orders such as a Section 10 dismissal or Conditional Release Order, allowing you to avoid a criminal record and licence disqualification.
What is a Section 10 dismissal?
A Section 10 dismissal is a court order where you are found guilty but no conviction is recorded, often granted when the offence is out of character or there are mitigating circumstances.
Will a predatory driving conviction affect my licence?
Yes. Conviction usually results in licence disqualification for a minimum period, which can be automatic and lengthy depending on prior offences.
Can I drive during a licence disqualification period?
No. Driving while disqualified is a separate offence with serious penalties.
What is the difference between predatory driving and menacing driving?
Predatory driving is a criminal offence involving intent to cause actual bodily harm through dangerous conduct near another vehicle. Menacing driving is a traffic offence involving driving that threatens or intimidates but without the specific intent to cause bodily harm.
How can a predatory driving charge affect my future?
A conviction can lead to imprisonment, a criminal record, licence loss, and impact employment, insurance, and travel opportunities.
What should I do if charged with predatory driving in Sydney?
Seek immediate legal advice from an experienced predatory driving defence lawyer to understand your options and prepare your defence.
Can the court reduce my licence disqualification period?
The court has discretion to reduce the minimum disqualification period but cannot remove automatic disqualifications unless exceptional circumstances apply.
What is ‘impact’ in the context of predatory driving?
‘Impact’ includes collision with another vehicle, person, or object, or causing the other vehicle to overturn or leave the road.
Are there alternative penalties to imprisonment for predatory driving?
Yes. Courts may impose fines, Community Correction Orders, Intensive Correction Orders, or Conditional Release Orders depending on the case.
How can Daoud Legal: Sydney Criminal Defence & Traffic Lawyers help with predatory driving charges?
We provide expert defence at every stage, challenge prosecution evidence, negotiate charge downgrades, prepare strong pleas for leniency, and fight to protect your licence and future. Contact us for a free strategy session.
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